: Criminalisation of marital rape ‘could open floodgates of false cases’, Centre tells Delhi HC #IndiaNEWS Criminalisation of marital rape “could open floodgates of false cases being made with

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Criminalisation of marital rape ‘could open floodgates of false cases’, Centre tells Delhi HC #IndiaNEWS
Criminalisation of marital rape “could open floodgates of false cases being made with ulterior motives�, the Centre has told the Delhi High Court. The government made the statement in a written submission to the High Court, which is hearing a batch of petitions to remove Exception 2 in the rape law under Section 375 of the Indian Penal Code. The exception states that forcible sexual intercourse by a man with his wife is not rape, unless the wife is below 15 years of age.In its submission made on January 12, which Scroll.in has accessed, the Centre said if the exception is removed, cases of marital rape would be dealt with in accordance to Section 376, which deals with punishment for rape.The Centre said that under Section 376, the statement of a woman is enough to convict the accused person of rape. It said that except the medical evidence, there is no need to corroborate her statement unless the court finds “compelling reasons� to examine the testimony. The government said that medical evidence, such as injuries on body parts, can support a woman’s statement. But, these would be rendered useless in cases of marital rape allegations, it claimed.“It will be difficult to determine as to when consent was withdrawn...Read more

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